Rosetta Tax

This Practice Note looks at the requirements for foreign investors claiming relief under a typical double tax treaty in relation to income from, and gains on sale of, a UK property. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax LLP.

This Practice Note considers the direct tax treatment for both tenants and landlords of lease surrenders, assignments and variations. It also considers the application of CGT reliefs to transactions involving leases. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note considers the direct tax treatment of the grant of a lease, for both the landlord and the tenant. It focuses primarily on the lease premium rules under which capital receipts are taxed in part as income and considers the tax treatment of reverse premiums. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note considers what constitutes overage in a real estate transaction and how it is taxed from a direct tax perspective. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note sets out when a property developer will be treated for tax purposes as trading in, or investing in, property in the context of a commercial, residential and mixed use development. It also outlines key features of the charge to UK corporation tax and income tax on trading profits in a property context, commenting on the deductibility of financing expenses and the use of offshore structures. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note looks at the direct tax and stamp tax treatment of a non-UK company used as a structure for holding UK property. It considers the distinction between trading and investment and the tax treatment of each activity. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note looks at the direct tax treatment of a UK limited liability partnership (LLP) and of its members, specifically where the LLP is used as a structure for holding UK property. The Practice Note then considers typical situations in a real estate context where LLPs are commonly used. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note looks at the direct tax treatment of a UK limited partnership (LP), and of the partners in an LP, specifically where the LP is used as a structure for holding UK property. This Practice Note then considers typical situations in a real estate context where LPs are commonly used. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note considers the more common forms of contractual joint ownership of UK property, their respective direct tax treatments and the tax implications for the contracting parties. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note looks at the direct tax treatment of a UK company used as a structure for holding UK property. It considers the distinction between trading and investment and considers the tax treatment of each activity. The Practice Note then sets out the principal reliefs available in respect of investment, including treatment as a UK REIT. This Practice Note is produced in partnership with Charles Goddard of Rosetta Tax.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines the anti-avoidance measure for transactions in land, which was designed to charge to tax as income gains of a capital nature arising from transactions in or concerning land. The anti-avoidance measure examined in this Practice Note was replaced and extended by the offshore property developer rules which were introduced by Finance Act 2016 with effect from 5 July 2016. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax LLP.

This Practice Note looks at the anti-avoidance measures designed to target avoidance of tax on income, profits or gains in relation to land. These include measures targeting specific types of real estate transactions, as well as rules applicable more generally such as anti-avoidance case-law and the Ramsay principle, and the DOTAS, GAAR and diverted profits tax rules. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note focuses on the circumstances in which withholding tax obligations arise in relation to interest payments made in a real estate context. It also provides a brief overview of the rules on interest deductibility for corporation tax and income tax payers investing or dealing in UK real estate. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax.

This Practice Note considers what constitutes a UK permanent establishment in the context of a trade of dealing in property and, in particular, when a building site or property agent will be a PE of a non-UK resident company. From and including 5 July 2016 a company which trades or deals in UK property is subject to corporation tax in respect of that trade whether or not the trade is carried on through a PE under the rules relating to profits from trading in and developing UK land. This Practice Note was produced in partnership with Charles Goddard of Rosetta Tax.